Challenging a prenuptial agreement in the context of estate litigation happens more often than you think. When wealthy people marry, their lawyers often advise them to ensure that their fiancé signs a prenuptial agreement. The goal is to protect the wealthy person’s family in case, God forbid, the marriage breaks up and/or the wealthy spouse dies. So, if the couple each hire good lawyers and the prenuptial contract clearly spells out their agreement, is that ‘pre-nup’ still open to challenge?
In this hypothetical scenario, an illiterate elderly woman only speaks Russian and Yiddish makes a will. Her unemployed son persuades his mother to transfer her home to him and make a new will that disinherits his sister. At the time the will was made, the mother suffered from Alzheimer’s. While under the care of her son, she drove her car into a pole resulting in irreversible brain damage.
Hassan Rasouli was in a permanent vegetative state. Fed through a tube inserted into his stomach, he was only being kept alive by a mechanical ventilator. Believing there was no realistic hope of recovery, the doctors wanted to remove his life support. His family said no. Who has the right to make these decisions?
There are certain strategies employed by lawyers when they are attempting to prove fraud and/or deal with executors acting, or suspected of acting, improperly. For lawyers, it is important to know which expert evidence to call, the factors necessary to prove fraud, how to best draft their materials and corroborating their evidence.
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